[HISTORY: Adopted by the City Council of the City of Glen Cove 8-25-1981
by L.L. No. 1-1981 as Ch. 26, Arts. IV and VII, of the 1981 Code. Amendments
noted where applicable.]
[Amended 9-23-1998]
The Building Department Administrator shall designate and authorize
those electrical inspection agencies that meet all qualification requirements
to conduct electrical inspections and reinspections of all electrical installations
hereinafter described, and to approve or disapprove the same. The Building
Department Administrator shall establish said qualification requirements for
electrical inspection agencies, including minimum requirements for said agencies'
chief electrical inspector and all subordinate electrical inspectors of same.
It shall be in the Building Department Administrator's discretion to determine
whether a particular electrical inspection agency meets those qualification
requirements. In no event shall the cost or expense of inspections or reinspections
as described in this chapter be a charge against the city.
A.
It shall be the duty of the inspector to report to the
Building Department Administrator all violations of or deviations from or
omissions of the electrical provisions of the New York State Uniform Fire
Prevention and Building Code[1] and this Code. The inspector shall make inspections and reinspections
of electrical installations in and on properties in the city upon the written
request of the Building Department Administrator or Fire Chief.
[1]
Editor's Note: The National Electrical Code has been designated as
the acceptable standards.
B.
In the event of an emergency, it is the duty of the inspector
to make electrical inspections upon the oral request of an official or officer
of the city.
C.
It shall be the duty of the inspector to furnish written
reports to the proper officials of the city and owners and/or lessees of property
where defective electrical installations and equipment are found upon inspection.
D.
He or she shall authorize the issuing of a certificate
of compliance when electrical installations and equipment are in conformity
with the New York State Uniform Fire Prevention and Building Code or with
this Code, and he or she shall direct that a copy of the certificate of compliance
be sent to the Building Department Administrator.
The schedule of rates charged for inspection shall be filed with the
City Clerk and the Building Department Administrator.
A.
The Building Department Administrator is empowered and
directed to issue a permit granting exemption from the provisions of this
chapter to each person, firm or corporation engaged in the conduct of manufacturing
in or on properties in the city upon written application of such person, firm
or corporation, hereinafter called the "applicant," setting forth that:
(1)
The applicant is engaged in the conduct of manufacturing
in the city.
(2)
The applicant regularly employs one or more journeyman
electricians, whose principal duties are the installation, maintenance and
repair of electrical machinery, appliances, equipment and wiring for electric
light, heat or power, hereinafter called "electrical work," in or upon the
premises used by the applicant in the conduct of manufacturing.
(3)
By reason of the amount and frequency of electrical work
so performed upon the applicant's premises, compliance with the provisions
of this chapter would impose an undue burden on the applicant's conduct of
manufacturing operations.
B.
The term "journeyman electrician" shall mean a person
who has completed an apprentice course, or received equivalent training, or
has equivalent experience of at least three years in electrical work.
C.
Each permit so issued shall be for a period of one year
and such permit shall be renewed for successive one-year periods upon supplemental
application by the applicant, certifying that the statements contained in
the original application remain true and correct.
A.
The provisions of this chapter shall not apply to the
electrical installations in mines, ships, railway cars, automotive equipment
or the installations or equipment employed by a railway, electrical or communication
utility in the exercise of its function as a utility, and located outdoors
or in buildings used exclusively for that purpose.
B.
This chapter shall not apply to any work involved in
the manufacture, assembly, test or repair of electrical machinery, apparatus,
materials and equipment by a person, firm or corporation engaged in electrical
manufacturing as their principal business.
C.
This chapter shall not apply to any building which is
owned or leased in its entirety by the government of the United States or
the State of New York.
This chapter shall not be construed to relieve from or lessen the responsibility
of any person owning, operating, controlling or installing any electrical
wiring, devices, appliances or equipment for loss of life or damage to person
or property caused by any defect therein, nor shall the city or the New York
Board of Fire Underwriters be deemed to have assumed any such liability by
reason of any inspection made pursuant to this chapter.
[Amended 9-23-1998]
A.
It shall be a violation of this chapter for any person,
firm or corporation to install or cause to be installed, or to alter or repair
electrical wiring for light, heat or power, in or on properties in the city
until an application for inspection has been filed with an authorized electrical
inspection agency.
B.
It shall be a violation of this chapter for a person,
firm or corporation to connect or cause to be connected electrical wiring
in or on properties for light, heat or power to any source of electrical energy
supply prior to the issuance of a temporary certificate or a certificate of
compliance by an authorized electrical inspection agency.
A.
It shall be unlawful for any person, firm or corporation
to construct, alter, repair, move, remove, demolish, equip, use, occupy or
maintain any building or structure or portion thereof in violation of any
provision of this chapter or to fail in any manner to comply with a notice,
directive or order of the Building Department Administrator or other authority,
or to construct, alter or use and occupy any building or structure or part
thereof in a manner not permitted by an approved building permit or certificate
of occupancy.
B.
Any person or corporation or officer thereof who shall
violate any of the provisions of this chapter, or who fails to comply therewith
or who shall fail to comply with any written notice of violation or order
issued by the Building Department Administrator, shall be guilty of a violation
within the meaning of the New York Penal Law and, upon conviction, shall be
liable to a fine of not less than $1,000 nor more than $2,000 or to imprisonment
for a period not to exceed 15 days, or both; and, upon a second conviction
for the same offense committed within five years of the date of the first
offense, shall be liable to a fine of not less than $2,000 nor more than $3,500
or to imprisonment for a period not to exceed 15 days, or both; and, upon
a third conviction for the same offense committed within five years of the
date of the second offense, shall be liable to a fine of not less than $3,500
nor more than $5,000 or to imprisonment for a period not to exceed 15 days,
or both. Each week that any such violation continues shall constitute a separate
and distinct violation. The owner or owners of any building or premises or
part thereof where a violation of any of the provisions of this chapter shall
exist or any lessee, tenant, builder, contractor, subcontractor, agent, person
or corporation employed in connection therewith and any person who assisted
in the commission of any such violation shall each be guilty of a separate
offense and, upon conviction thereof, shall be punishable as herein provided.
[Amended 5-10-1994; 6-27-2000]
C.
Except as provided otherwise by law, such a violation
shall not be a crime and the penalty or punishment imposed therefor shall
not be deemed for any purpose a penal or criminal penalty or punishment and
shall not impose any disability upon or affect or impair the credibility as
a witness, or otherwise, of any person convicted thereof.
D.
This section shall not apply to violations of the provisions
of the New York New York State Uniform Fire Prevention and Building Code punishable
under § 382, Subdivision 2, of the Executive Law of the State of
New York; nor to violations of the provisions of the Multiple Residence Law
punishable under § 304 of the Multiple Residence Law of the State
of New York.[1]
[Amended 5-27-1997 by L.L.
No. 2-1997]
[1]
Editor's Note: Former Subsection E, regarding notices of violation,
added 12-22-1997, which immediately followed, was repealed 4-25-2000.
Appropriate actions and proceedings may be taken at law or in equity
to prevent unlawful construction or to restrain, correct or abate a violation
or to prevent illegal occupancy of a building, structure or premises or to
prevent illegal acts, conduct of business in or about any premises; and these
remedies shall be in addition to the penalties prescribed in the preceding
section.